Did my neighbor, a police officer, abuse his power?

[simp]

My jurisdiction is: Virginia

Hello everyone,

Would you please let me know whether my neighbor, a police officer, abused his power as a law enforcement officer during an incident earlier today? The incident was described in the following email that I sent to the manager of our apartment community.

"This evening at 12 AM, my downstairs neighbor came by to complain that I was making too much noise, "as if a 300 lb man were walking around". This gentleman identified himself as a police officer and was threatening to take official action if I disturbed him again. I have two problems with this situation. First, I was not making excessive noise -- I weigh under 120 lbs, my cat is 8 lbs, and no sound other than our motion was being made. I work late, and it has to be expected that I will use my apt in a traditional, quiet manner before going to bed. Second, I felt my safety was threatened, since this man is a police officer and could have tried to use his authority as such to gain entry to my apartment. It would be one thing for him to complain as a neighbor, but when he comes to my door in uniform and flashes his badge, that is a clear conflict of interest. I wish you would speak with this gentleman and tell him that if he has a complaint in the future, that he take it directly to you, instead of coming to me."

My questions are:

1. Did my neighbor, the police officer, abuse his power by acting both
as the complainer and the law enforcer?

2. More specifically, during our conversation, he said that I "would
have to walk lightly from now on". I asked him whether he was asking
me as a police officer or as a neighbor. He said that he acted as
both. To me, this seems to be a conflict of interest and therefore he
abused his power as a police officer. But is it in the eyes of the
law?

3. If he indeed abused his power, can I file an official complaint? If
so, to which institution?

4. I understand that he has no right to enter my apartment if I refuse
to give him permission. But am I required by law to respond to his
knocking my door and talk to him?

Thanks!

 

[Duranie]

you are breaking no law at all. There is absolutely nothing that man can do and if he does not like the noise coming from upstairts he can move. I have no idea why he would identify himself as a police officer but to intimidate you. Tell him if there is a way to walk lightly to show you and you are free to walk around your house when you get home from work.

How long has this guy been living below you? He will not be able to find a cose you are violating and he should know that living below someone, you have to listen to their noise.

Let him know that unless you are breaking any law, which you are not, you do not know what him being a cop has anything to do with this. Tell him since he is a cop, to start looking up what statute or city code you are violating. Since he won't find one, tell him you trust he will not use his job as a police officer to try and intimidate you again and to let you know if you are breaking any law besides walking around your house in the middle of the night.

 

[simp]

Thanks for your reply. I don't know how long he has been living under my apartment. I moved in ten month ago. He came up to complain about my walking around once about four month ago, but did not identify himself as a policeman at that time. No other neighbor has ever complained to me about anything... His complaining about my walking in my own home, even though unreasonable, does not upset me. But intimidating me using his uniform and badge is really what got me annoyed.